Resolution 2026-XX Page 1 of 3 RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT PROHIBITING THE USE OF CITY -OWNED OR
CONTROLLED REAL PROPERTY FOR FEDERALCIVIL
IMMIGRATION-RELATED ENFORCEMENT ACTIVITIES
WHEREAS, the City of Fremont (“City”) has a population that includes immigrants who play a significant role in the cultural, social, and economic landscape of the City; and
WHEREAS, the City has a long-standing history of commitment to equity and inclusion ensuring access to essential services, and public safety for all residents regardless of immigration status; and
WHEREAS, in 2017, to further this commitment, the City declared itself a Compassionate Sanctuary City; and
WHEREAS, numerous neighboring jurisdictions have implemented restrictions on the use of city/county owned, controlled, or operated property for federal civil immigration enforcement known as ICE-Free Zones; and
WHEREAS, cities and counties are taking this action to preserve trust and safety in the community and to foster a positive supportive relationship between agencies providing services and the people using them; and
WHEREAS, the City has a strong interest in ensuring its policies concerning the use of City-owned and City-controlled property are clear, including to prevent uses of such property for federal civil immigration enforcement activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. DEFINITIONS
“Staging Area” means an area that is used to assemble, mobilize, and deploy vehicles, equipment, or materials, and related personnel, for the purpose of carrying out civil immigration enforcement operations.
“Processing Location” means an area that is used for activities such as the identification, intake, processing of documentation, detention, arrest, or temporary holding of individuals. “Operations Base” means an area that is used to plan, coordinate and execute activities.
Resolution 2026-XX Page 2 of 3 SECTION 2. POLICY
A. Prohibition on Use of City Property
No City-owned or City-controlled real property shall be used as a staging area, processing location, or operations base for federal civil immigration enforcement.
No City department, agency, officer, or employee shall give consent for federal officials to use City-owned or City-controlled real property as a staging area, processing location, or operations base for federal civil immigration enforcement activities, and no such purported consent by a City department, agency, office, or employee shall be deemed consent by the City for any such use.
B. Implementation and Enforcement
The City Manager shall:
1. Identification: Identify City-owned or City-controlled real property that is likely to be used as a staging area, processing location, or operations base for the purpose of civil immigration enforcement. These properties shall have clear signage stating:
“This property is owned or controlled by the City of Fremont. It may only be used for City purposes, and may not be used for federal civil immigration enforcement Staging Areas, Processing Locations, or Operations Bases.”
2. Physical Barriers: Ensure that, wherever appropriate, physical barriers such as locked gates are used to limit access to City-owned or City-controlled real property consistent with this policy.
3. Procedures: Develop procedures necessary to implement the policy. The procedures must provide that any City employee who becomes aware of the attempted or actual use of City-owned or City-controlled real property as a staging area, processing location, or operation base for federal civil immigration enforcement shall immediately report to their supervisor, who will communicate with the City Manager’s Office.
4. Signage: Provide electronic copy of standardized signage that private landowners and leaseholders could print and display to delineate the non-public areas of the property in which they wish to restrict activities related to federal civil immigration enforcement.
The signage shall be made available free of charge to private landowners and leaseholders, including but not limited to businesses, medical providers, nonprofit organizations, and faith institutions, who voluntarily decide to designate their property consistent with their authority over the property and who voluntarily request such signage from the City. Landowners and leaseholders that post this signage do so at their own discretion and assume all legal risk.
5. Know Your Rights: Make available to the public “know your rights materials” regarding the rights of employees, tenants and security staff regarding entry by federal officials Resolution 2026-XX Page 3 of 3 consistent with California law and California Attorney General guidance.
C. Limitations
This policy does not apply to real property that is subject to an existing lease, license, operator agreement, or other contractual restriction to which the City is a party. This policy is not intended to, and shall not be interpreted to, impair or interfere with such existing agreement.
Nothing in this policy shall be construed as restricting or interfering with the execution of lawful judicial warrants or the enforcement of criminal law, nor as limiting the rights of any person or entity under state or federal law.
This policy does not prohibit the lawful use of City-owned and controlled real property for purposes other than a staging area, processing location, or operation base for federal civil immigration enforcement, nor does it restrict any person or entity from carrying out functions unrelated to those purposes on such property.
ADOPTED_______________, 2026 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney